scholarly journals TINJAUAN HUKUM KEADAAN MEMAKSA(FORCE MAJEURE) DALAM PELAKSANAAN KONTRAK BISNIS PADA MASA PANDEMI COVID-19

2021 ◽  
Vol 2 (02) ◽  
pp. 168-180
Author(s):  
Besty Habeahan ◽  
Sena Rusiana Siallagan
Keyword(s):  
Great Effort ◽  
Library Research ◽  
Force Majeure ◽  
Business Contract ◽  
The Law ◽  
The Government ◽  
National Disaster ◽  
Interest Costs

The Legal Review of Force Majeure in the implementation of business contracts during the covid-19 pandemic objectives of knowing whether covid 19 pandemic defined by the government as a national disaster which can be classified as a force majeure in the implementation of business contract and to find out how to solve the law against default in the implementation of business contract during the covid 19 as a national disaster. The library research, namely the research conducted in the library where the data is obtained from available data by reading and studying books such as laws of regulation, Scientific works, dictionaries and so on. Based on the method used, the result of this study indicate that force majeure is relative, so the cases that occur must be studied first, because not all the parties get loss but some of them get profit, for the implementation of achievement can be done by considering great effort and sacrifice. Relative Force Majeure is exemption from lost and interest costs, but not for cancelation of agreement. A right solution to solve from dispute is by negotiating with the parties, because the covid 19 pandemic it’s self is a new event.

scholarly journals OVERMACHT: ANALISIS YURIDIS PENUNDAAN PELAKSANAAN PRESTASI AKIBAT PANDEMI COVID-19

2020 ◽  
Vol 7 (1) ◽  
pp. 49
Author(s):  
Tauratiya Tauratiya
Keyword(s):  
Large Scale ◽  
The State ◽  
School Work ◽  
Work From Home ◽  
Library Research ◽  
Force Majeure ◽  
The Republic ◽  
The Government ◽  
Business Entities ◽  
National Disaster

On March 14, 2020, the government of the Republic of Indonesia announced the Covid-19 pandemic as a National Disaster. The whole community was asked to stay at home or work from home. This situation caused the daily activities of the community and government from school, work, trade, and others to become ineffective and delayed. This also affects all national and global corporate activities. Many business entities are disrupted due to the Large-Scale Social Limitation policy, so the company or a person cannot keep their promises as made in the previous agreement. This study examines whether Pandemic Covid-19 can be used as a reason for a person or a company to postpone the performance of achievements because it is considered as an overmacht, and how the legal force. This is a qualitative-library research using a juridical-normative approach. The results showed that overmacht is equated with the term force majeure meaning the state of force, in this case the debtor cannot be held accountable, because the situation occurs outside his control and not because of an element of negligence. The state of overmacht is regulated in the provisions of Article 1244 and Article 1245 of the Civil Code. The Covid-19 pandemic is considered as a forced condition, including the overmacht category, so that it can be used as an excuse for debtors to postpone or not carry out performance according to the agreement, provided that the debtor is able to provide reasons that the failure to fulfill the agreement is not because of them, but because something cannot be predictable, and inevitable.

scholarly journals Penghakiman oleh Pers Nasional: Suatu Kritik atas Kebebasan Pers dalam Pemberitaan Perkara Tindak Pidana Korupsi

Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 216
Author(s):  
Vidya Prahassacitta
Keyword(s):  
Social Responsibility ◽  
Political Party ◽  
Code Of Conduct ◽  
High Position ◽  
Secondary Sources ◽  
Library Research ◽  
The Press ◽  
Freedom Of Press ◽  
The Law ◽  
The Government

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 

scholarly journals Analisis Kontruksi Struktural dan Kewenangan DPR dalam Fungsi Legislasi Berdasarkan Undang-Undang Dasar 1945

2018 ◽  
Vol 15 (2) ◽  
pp. 348
Author(s):  
Ahmad Yani
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Major Influence ◽  
Constitutional Amendments ◽  
Political Dynamics ◽  
Library Research ◽  
Analytical Research ◽  
The Law ◽  
The Government

Indonesia telah mengalami empat kali amandemen terhadap UUD 1945, dimana amandemen tersebut memberikan pengaruh besar terhadap kewenangan DPR dalam menjalankan fungsi legislasi. Penelitian ini merupakan penelitian hukum deskriptif yuridis analitis, dengan menggunakan pendekatan yuridis normatif, dan melalui studi kepustakaan terhadap literatur yang berkaitan dengan kewenangan DPR dalam fungsi legislasi. Sehingga dalam tulisan ini penulis membahas mengenai implikasi mekanisme perubahan UUD 1945 terhadap struktur dan kewenangan DPR serta dinamika politik dan kepentingan adanya perubahan kewenangan DPR dalam Legislasi DPR berdasarkan UUD 1945. Perubahan konstitusi hingga peraturan perundang-undangan terkait dibawahnya saat ini telah menempatkan DPR pada posisi lemah. Lemahnya fungsi DPR dalam pembuatan undang-undang juga diakibatkan dengan kondisi parlemen dengan konflik kekuasaan antara pemerintah dan partai politik. Konflik yang disebabkan karena adanya keinginan untuk menguasai posisi dalam pimpinan di DPR, Komisi dan Alat Kelengkapan Dewan lainnya.Indonesia has experienced four amendments to the Constitution, in which the amendment has a major influence on the authority of People’s Representative Assembly (DPR) in carrying out its legislative functions. This research is a descriptive juridical analytical research, using normative juridical approach, and through library research of literature related to DPR’s authority in legislative function. In this research the author discusses the mechanism implications from The amended 1945 Constitution on the structure and the DPR’s authority. The author also discusses about political dynamics and interests for change in the DPR’s authority in Legislation based on the 1945 Constitution. Constitutional amendments to the relevant legislation under it have placed the DPR in a weak position. The weak function of the House of Representatives in the law drafting is also due to the condition of parliament with the conflict of power between the government and political parties. The conflicts were caused by the desire to control positions in the leadership of the DPR, Comissions and other Councils.

scholarly journals Al-Manhâj al-Fiqhî ‘Inda Jamâ’ah “Muassah al-Da’wah al-Islâmiyah al-Indûnîsiyah” (Lembaga Dakwah Islam Indonesia) wa Âtsâruhu Fî Istinbâth al-Ahkâm al-Syar’iyyah

2022 ◽  
Vol 16 (2) ◽  
pp. 558-594
Author(s):  
Moh. Abdul Kholiq Hasan ◽  
Iskandar Dzulkarnain ◽  
Muh. Nashirudin
Keyword(s):  
Content Analysis ◽  
Research Method ◽  
Structured Interviews ◽  
Legal Decisions ◽  
Sharia Law ◽  
Library Research ◽  
The Law ◽  
The Government ◽  
The Right ◽  
Descriptive Qualitative

Indonesian Islamic Da’wa Institution or Lembaga Dakwah Islam Indonesia (LDII) tends to embrace exclusivity and takfiri ideology. This article attempts to reveal the fiqh manhaj (method) that LDII employs and its influences on the legal decisions LDII takes by employing the library research method in descriptive qualitative type. The content analysis in tandem with document triangulation and structured interviews were applied to investigate the textual references LDII uses. The findings indicate that LDII employs a fiqh manhaj called manqul. This influences the law istinbath of LDII. Mandatory to remain in the congregation (jamaah), taking the oath of allegiance to the leader of the jamaah, the claim by the jamaah leader of the right to construct sharia law, license to lie, and takfiri are some controversial products of the manqul. With takfiri as the most dangerous product of the manqul, it befalls the government of Indonesia to watch over this jamaah. اشتهرت مؤسسة الدعوة الإسلامية الإندونيسية أو ما يسمى بـــ LDII بتكفيرها على جميع المسلمين سوى جماعتهم. وتهدف هذه الدراسة لمعرفة أصل المنهج الفقهي عند هذه الجماعة وآثاره في استنباط الأحكام الشرعية عندهم. واعتمدت الدراسة على منهج البحث الوصفي التحليلي، بطريقة تحليل المحتوي أو ما يسمى بــ (content analysis). وقد توصلت الدراسة إلى القول بأن أصل المنهج الفقهي عند هذه الجماعة هو ما يسمى بـ"المنقول". وإن لهذا المنهج الفقهي أثار كبير في استنباط الأحكام الشرعية عند هذه الجماعة. ومن بينها: لزوم الناس لجماعتهم، وجوب البيعة لإمامهم، وجوب الإنفاق، ادعاء إمامهم أن لهم حقّ في تشريع الأحكام، إباحة التقية أو الكذب على الآخرين. ومن أخطر هذه المخالفات تكفيرهم لجميع المسلمين ممن ليسوا من جماعتهم. لأن هذا الاستنباط له أثر سيئ لوحدة الشعب، ولذا على حكومة إندونيسيا أن تتنبه دائما تجاه هذه الجماعة المنحرفة.

scholarly journals The Juridical Overview of Health Quarantine During the Covid-19 Pandemic

2021 ◽  
Vol 4 (4) ◽  
pp. 269
Author(s):  
Ragil Jaka Utama ◽  
Umar Ma'ruf ◽  
Sri Kusriyah
Keyword(s):  
Local Government ◽  
Government Regulation ◽  
Central Government ◽  
Secondary Data ◽  
Primary Data ◽  
Library Research ◽  
Local Government Level ◽  
The Law ◽  
The Government ◽  
Unpublished Research

This study aims to determine the juridical review of quarantine after the Covid-19 pandemic and find out whether its implementation has been carried out and implemented in Indonesia. The type of research used is normative research or library research, its meaning that this research is based on library sources to discuss the problems that have been formulated. By examining secondary data by conducting an investigation of the study including a description of the research subject. In this study, the data used in this study were secondary data and primary data. The secondary data used in this study is the law used in the study, the primary data used is the regulations in Indonesian legislation that have been set by each local government. The data consists of books, articles in journals and other media, including unpublished research and papers related to and explaining the concepts of quarantine and social distancing during a pandemic situation. The results of the study explain that the Health Quarantine Act carried out by the government in protecting the spread of Covid-19 has been very well implemented. This is reinforced by Government Regulation number 21 of 2020 which explains PSBB and handling related to the Covid-19 pandemic. The implementation of this legislation is the establishment of a Health Quarantine Officer who is the only person authorized to enforce the law. Further cooperation for law enforcement at the local government level requires delegation from the central government, which will be carried out further by the Minister of Health.

scholarly journals Pembubaran Perseroan Terbatas oleh Kejaksaan Sebagai Upaya Memperkuat Ketahanan Nasional

2020 ◽  
Vol 7 (1) ◽  
pp. 78-87
Author(s):  
Andhika Prayoga ◽  
Muhammad Sya’roni Rofii
Keyword(s):  
Executive Function ◽  
Public Interest ◽  
Company Law ◽  
District Court ◽  
Legal Certainty ◽  
Legal Research ◽  
Share Ownership ◽  
Library Research ◽  
The Law ◽  
The Government

The purpose of this writing is to find out the authority of the prosecutor's office in submitting a request to dissolve a PT in a district court based on the provisions of a Indonesia company law, and  its relationship in strengthening national resilience. Furthermore, to examine and analyze this research is by normative legal research by emphasizing discussion on legal-formal (normative) rules and regulations. The data used in this study consisted of primary legal materials including legislation, secondary legal materials such as books and literature and tertiary legal materials obtained through library research. The result of the research is that authority to act as a petitioner for dissolution with the reason if there is a single share ownership (corporate sole) and/or  violation of public interest or the law, in the framework of the executive function to uphold the law in society, and that authority is a form of upholding the authority of the government and reflects legal certainty so that it gives effect to the strengthening of national resilience.

scholarly journals MUSLIM CONSUMER BEHAVIOR AND HALAL PRODUCT CONSUMPTION

2019 ◽  
Vol 3 (2) ◽  
pp. 161
Author(s):  
Muhammad Turhan Yani ◽  
Sri Abidah Suryaningsih
Keyword(s):  
Mental Health ◽  
Consumer Behavior ◽  
Research Method ◽  
Islamic Perspective ◽  
Product Consumption ◽  
Library Research ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Impact

The purpose of article writing is to find out the impact of modernization on lifestyle in some Muslim societies that have a tendency to ignore the parameters of religion (Islam) in terms of consuming a food / beverage, medicine, even cosmetics product. The research method used is library research. The result of the analysis is that anything consumed in an Islamic perspective has implications for mental health. this is where awareness is needed that when Allah SWT. has given signs about halal and haram for food or drink, so there is a wisdom behind the provisions of Allah. In the context of normative law in Indonesia, halal standardization has also been strengthened by the Law of the Republic of Indonesia Number 33 of 2014 concerning Guarantee of Halal Products as a whole to all levels of society. In addition, the Government has also formed a body called the Halal Product Guarantee Agency which has the duty to hold a Halal Product Guarantee. This shows that the Government is also very concerned about the needs of its citizens in meeting the consumption of all products with halal standards.

scholarly journals Doctrine of Frustration and Force Majeure Clause: Its Application on Tenancy Contract During the Movement Control Order in Malaysia

2021 ◽  
Vol 28 (2021) ◽  
pp. 11-17
Author(s):  
Muhammad Asyraf Azni ◽  
Suria Fadhillah Md Pauzi ◽  
Ida Rosnita Ismail
Keyword(s):  
United Kingdom ◽  
Movement Control ◽  
Case Law ◽  
The United Kingdom ◽  
Legal Provisions ◽  
Force Majeure ◽  
Legal Position ◽  
The Law ◽  
The Government ◽  
Control Order

The government of Malaysia has declared the Movement Control Order (MCO) for the whole nation in order to flatten the curve of COVID-19 infection. The MCO has, among others, caused parties in a contract to question the effect of the MCO on the contract. As the areas of law are wide, this paper aims to discuss the effect of MCO on a tenancy contract. The paper analysed the legal position of doctrine of frustration and force majeure clause in the context of tenancy contract in Malaysia. The analysis was done based on the law cases and legal provisions in Malaysia. Reference was also made to case law from the United Kingdom and Singapore as their law is in pari materia with Malaysian law and they are persuasive in nature. This paper found that the doctrine of frustration can be invoked if the performance of the obligation under the tenancy contract is prevented due to the MCO. However, the court will apply the doctrine of frustration in a very careful manner to respect the sanctity of the agreement. As for the force majeure clause, it can be successfully invoked if the scope of the clause covers the event in question, such as the MCO. In conclusion, whether a tenancy contract can be terminated due to the MCO, it will depend on the terms of each tenancy contract.

scholarly journals Default of Banking Credit Agreements in the Time of Covid 19

2021 ◽  
Vol 4 (2) ◽  
pp. 1925-1933
Author(s):  
Sri Dewi ◽  
Sriono Sriono ◽  
Elviana Sagala
Keyword(s):  
Financial Services ◽  
Judicial Power ◽  
Force Majeure ◽  
National Economic ◽  
Law And Justice ◽  
The Government ◽  
Credit Agreement ◽  
National Disaster ◽  
The Impact ◽  
Banking Credit

The covid 19 pandemic resulted in a very significant economic impact, and resulted in many defaults on bank credit agreements which underwent payment restructuring based on the covid 19 virus. Financial Services Authority (OJK) Regulation No. 11/POJK.03/2020 concerning the national economic stimulus as a countercyclical policy for the impact of the spread of covid 19 gives authority to banks to establish policies that support economic growth stimulus for debtors affected by the spread of covid 19, one of which is credit or financing restructuring policies. The occurrence of a national disaster caused by the Covid 19 virus had an impact on the force majeure situation. That defaults due to the spread of the covid-19 virus have resulted in debtors being negligent in carrying out their obligations, this method uses the normative juridical method, which refers to the provisions of positive laws and regulations in Indonesia. The results of the research show that defaults in the credit agreement cannot be used as an excuse for not fulfilling their obligations. The spread of covid-19 cannot be used as an excuse that causes a compelling situation that requires the debtor to commit an act of default. In the concept of a rule of law, judicial power is independent in carrying out its judicial function, thus enabling the exercise of judicial power to be fair in examining, adjudicating and deciding cases based on law and justice. Then the policy of the regulations issued by the government against the spread of the covid-19 virus is very important for the community regarding the problem of the spread of the covid-19 virus.

scholarly journals PRO KONTRA PROSES PENGESAHAN UU NO. 16 TAHUN 2017, SERTA IMPLEMENTASI DAN IMPLIKASINYA TERHADAP ORGANISASI MASYARAKAT

2021 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Fadli Afriandi ◽  
Fachriza Ariyadi
Keyword(s):  
Public Policy ◽  
Qualitative Methods ◽  
Policy Process ◽  
Community Organization ◽  
Community Organizations ◽  
Library Research ◽  
Public Policy Process ◽  
Party Ideology ◽  
The Law ◽  
The Government

This paper looks at how a public policy process is issued, implemented, and its implications. The policy issued was the stipulation of Law no. 16 of 2017 (Law on community organizations) in lieu of Perppu No. 2 of 2017 (Perppu for community organizations). The main thesis proposed in this paper is that the policy of passing the law on community organizations is an attempt by the state to protect the Pancasila ideology, which is the sole ideology in Indonesia. This paper is prepared using qualitative methods by collecting data through Library Research. The findings of this study are that the issuance of the first law on community organizations cannot be separated from debates in parliament. The parties in parliament are inconsistent with their party ideology. Supporting or rejecting the law on community organizations is based on the pragmatic interests of the party. Secondly, the existence of the Community Organization Law makes it difficult for community organizations to stand and makes it easier for the government to dissolve community organizations that are not under Indonesian ideology. Third, the first community organization that was dissolved after the law on community organizations took effect was the Islamic Defenders Front (FPI).

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